Morris v. Sailer
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Eon. W. E. Martin, J udge. (1) It is sufficient to make a written publication libelous and actionable per se that it is false and tends to expose one to public hatred, contempt and ridicule, or to blacken his reputation. Nelson v. Musgrave, 10 Mo. 648; Price v. Whitely, 50 Mo. 439; McGinnis v. Geo. Knapp & Co., 109 Mo. 131; Ukman v. Daily Record, 189 Mo. 378; Manget v. O’Neill, 51 Mo.
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Appeal from Cole Circuit Court. — Eon. W. E. Martin, J udge. (1) It is sufficient to make a written publication libelous and actionable per se that it is false and tends to expose one to public hatred, contempt and ridicule, or to blacken his reputation. Nelson v. Musgrave, 10 Mo. 648; Price v. Whitely, 50 Mo. 439; McGinnis v. Geo. Knapp & Co., 109 Mo. 131; Ukman v. Daily Record, 189 Mo. 378; Manget v. O’Neill, 51 Mo. App. 26. (2) A newspaper is responsible for what it publishes the same as an individual. Johnson v. Post-Dispatch Co., 65 Mo.. 539; Arnold v. Star-Sayings Co., 76 Mo. App. 159;…
1Opinion of the CourtEllison, J.
Plaintiff instituted this action by filing a petition charging- defendant with libeling him. The latter demurred to the petition on the ground that it did not state a cause of action. The demurrer was sustained by the trial court and plaintiff, refusing to plead further, judgment was rendered against him and he thereupon appealed.
The petition alleges that on the 4th of April, 1910’, defendant was publisher of a newspaper in Jefferson City, called the “Daily Post;” and on that day, plaintiff was a candidate for the office of city councilman for that city, from the First ward therein. That late…
2Cases cited15 opinions
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- Morrison v. . SmithNew York Court of Appeals · 1904
- Diener v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1910
- Smith v. BurrusSupreme Court of Missouri · 1891
- Heller v. Pulitzer Publishing Co.Supreme Court of Missouri · 1899
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3Cited by3 opinions
- Kleinschmidt v. Globe-Democrat Publishing Co.Supreme Court of Missouri · 1942
- Kleinschmidt v. Globe-Democrat Publishing Co.Supreme Court of Missouri · 1942
- Petty v. NelsonMissouri Court of Appeals · 1913